Revolutionary War Pension and Bounty Land Warrant Application File S. 17,398, Caleb Dyer, Mass.

SERVICE
NUMBER
Mass.
Dyer, Caleb
S 17398
Carded
CONTENTS

Maine 30,781
Caleb Dyer
of Cumberland Co. in the State of Maine who was a Private in the company co. by Captain Bryant of the Reg't commanded by Col. Mitchell in the Maine line for 6 months. Mass.
Inscribed on the Roll of Maine at the rate of 20 Dollars — Cents per a to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of August 1836 and sent to Pensioner Captive Elizabeth, Maine
Arrears to the 4th of March '36. 100.00 Semimont. allowance ending 4. Sep. " 10.00
$ 110.00
{ Revolutionary Class, } Act June 7, 1830
Recorded by D. Brown Book E, Vol. 1. Page 12

Caleb Dyer 31.3.88
Admiral Private 6 mo
to return all these papers On rolls of Capt Leach's Matropes from 17 Dec. 76 to 13 May 77 Prisoner Cape Elizabeth Maine

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
Caleb Dyer
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     May 31, 1776 to June 3, 1777 1 - - Private Col. Mitchell (Capt. Morton's Detached Company) Born in 1758 - age at this time 1836 77 years to particular periods Richard Mitchell from May to Nov. or Dec. 1776 with proof below to June 1777   From May 1776 to June 1777 6 by several witnesses Private Service commenced in Capt. Morton's Company (detached service in Nov. 1776) in place taken by Capt. South 1 Joshua Davis, to same beginning under Morton continuing to last of May 1777 from Nov. 1776 - 6 months complete. 2 Ephraim Crockett, to Sep 1777. 3 also Isaac Dyer, as below. Isaac Dyer, service of 8 months made out by joining Crockett's Station of 6 months from part of 1777 to Newberry Nov. 1776.   Private [Same Company, sometimes called Morton's Detached Company, apparently]  
West Mitchell single statements May 31, 1776 to June 3, 1777
The brief clearly makes out a continued service of six months by the state. I am, respectfully, Your obedient servant,
JAMES L. EDWARDS, Commissioner of Pensions.
[Eight months service sufficiently made by proof equated to that of two witnesses - taking Davis's, in connection with Mitchell's to Nov. or Dec. 1776, with Crockett's to 6 months in 1777, but covered by Dyer's period of "about eight months."

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers; the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of A. B. Sworn to and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declarations; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
The name of Wesley being borne on the rolls where it ought to be found if he served as he states. Proof in third paragraph with this note must be furnished. General statements will not answer.
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served. The declarant must also mention the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deponeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For — months, and — days, I served as a —. For — months and — days, I served as a —, and for such service I claim a pension." It is important, in all cases, to determine with precision the period for which each applicant served, and for the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison and for the time during which the service was performed, he was not employed in any civil pursuit.
(e) The law makes the relinquishment indispensable.
(f) The opinion of the Court is always required.
(g) The Clerk must give his certificate in every case.
(h) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(i) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
(j) The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.
(k) This traditional evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Caleb Dyer's Application for a Pension. —

I Nathaniel Dyer of Cape Elizabeth aged Sixty two years, do testify and say that I am well acquainted with Caleb Dyer who has subscribed & sworn to the within declaration that in the first of the Revolutionary War he was an apprentice to my father who was a boat builder - and I remember that he enlisted as a soldier and served at Shering point in Cape Elizabeth, but I cannot recollect how long he served - I believe him to be seventy four years of age - I further state that he is reputed & believed in the neighbor- hood where he resides, to have served as a soldier in the revolutionary war and that I do fully concur in that opinion - There is no clergyman in Cape Elizabeth who can know any thing about his said service, as I believe; the present clergyman residing there, having lived there but a short time.
Yours in a great
I John D. Burrell of Cape Elizabeth aged Thirty six - and a practicing Physician in Cape Elizabeth do certify that I am well ac- quainted with Caleb Dyer who has subscribed and sworn to the within declaration, that I believe him to be seventy four years of age that he is spoken of by the aged people in said town as having been a soldier in the Revolutionary War and is so reputed in the town where he resides - and I fully concur in that opinion and belief.
John D. Burrell
State of Maine Cumberland County Nov. 20 th 1833
Subscribed & sworn to by the above named Nathaniel Dyer & John D. Burrell - whom I know, and who are credible & respectable witnesses - before me - Joseph Pope, Jus: of the Peace
Maine District Court
District Clerk's Office January 1. 1834
In testimony that Joseph Pope is a Magistrate as above & that the signature thereto corresponding to his is genuine. I have hereunto set my hand & seal of office the day and year last above written
John Mussey Clerk U.S. Court

UNITED STATES OF AMERICA.
MAINE DISTRICT SS.
At a Special District Court of the United States begun and holden at Portland, within and for said District, on the twenty-seventh day of Sept A. D. eighteen hundred and thirty-three before the Honorable ASHUR WARE, Judge of said Court.
On this twenty-seventh day of Sept aforesaid, personally appeared in open Court before said District Judge Caleb Fayer a resident of Cape Elizabeth in the county of Camden in said Maine District, aged seventy four years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th, 1832. That he entitled to the pension of the United States under the following named Officers, and served as hereon stated viz. That in May 1776 at said Cape Elizabeth he enlisted as a private soldier in a company of State Militia commanded by Capt Bryant Weston, in Col. Mitchell's Regiment, for the term of six months and was stationed at Spring point in said Cape Elizabeth, where he served not less than the term of six months, for which he had entitled and was dismissed with said company in November 1776. That about the first of December 1776 soon after he was dismissed from his service under Capt Weston at said Cape Elizabeth, he again enlisted in a company of militia as a private soldier commanded by Capt James Leach, he cannot recollect the Col. - for the term of nine months, and was stationed at Spring point in said Cape Elizabeth and served in said company there till after Brandywine was taken in 1777 and not less than nine months for which he had entitled and was dismissed in October 1777 as he believes according to his best recollection. That he had no written discharge but was dismissed with the company. That he was born in Cape Elizabeth December 23. 1758. There is a record of his age in said Cape Elizabeth. That he resided there when first called into the service and as always resided there since. He is old enough to the Selectmen of said town, or any of the citizens who know him to testify as to his character for truthfulness by their belief of his said service.
he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
Caleb Fayer
Sworn to and subscribed, the day and year aforesaid. Before
Ashur Ware
U. S. Judge for the District of Maine.

And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives prescribed by the War Department) that the above named applicant was a revolutionary soldier, and served as he states
I, John Mudgett Clerk of the District Court of the United States for Maine District, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Dyer for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this twenty sixth day of September A. D. one thousand eight hundred and thirty- three .
John Mudgett
Clerk of the U. States District Court for Maine District.

17 398
INVALID.
Am
No. 17.398
Calif Dyer
Pr. Rev War
Act: June 7 th 39
Box: — Vol. 1 , Page 106
[Arrangement of 1870.]

N o 31,388 Uaine Caleb Dyer suspended
Set Hon E Shepley 26 Feby 1886 do do - do. June 22 '96 do Secty. Mass. T. - do - do. do Hon E Shepley July 9 '96

Roll Cap Leach's 6" taken out and filed with attached roll.

I was informed at the Secretarys Office that when payment was made for Soldiers services, the Capt, produced a muster roll of his Company stating the portion of time for which they were paid, I frequently took the same roll back to get the rec d of the soldiers on it, when paid - Such rolls were made out on every payment and many of the rolls were never returned to the Secretarys Office - The Commanding Officer having given his rec d for the amount due his Company. ————— V. D. P.

Joshua Davis of Canton, Maine aged seventy six years do testify and say that in the month November 1776 I enlisted at Gorham into a company of militia commanded by Capt: Bryant Morton and was stationed with said company at Spring point in Cape- Elizabeth. That Capt Morton became sick and left the company at the first of the winter following, and Capt Leach took command of the troops stationed at said Spring point and continued in com- mand till the last of May 1777. That I am well acquainted with Colb Dyer of said Cape Elizabeth, and I do know that he enlisted into said company when I did, when first commanded by Captain Morton, and that he continued to serve in said company with me under the command both of Capt Morton & Captain Leach till the last of May 1777 - when said company was dismissed. John Skinner was orderly sergeant of said company - after I was dismissed I again enlisted for three years in Capt Jenkins company in Col Brewers Regiment -
Joshua his Davis mark.
State of Maine Cumberland County, Oct. 6. 1835
Sworn & subscribed by Joshua Davis, whom I certify to be a respectable & credible witness.
Before me, Joseph Pope, Jus. of the Peace

Calib Dyer
Aug 18 th .
D 5
James
L. Edwards Esq m Commissioner of Customs
M dm
Washington
D 6

To the Commissioner of Pensions in the War Department of the United States.
Being advised, that the evidence I have been able to adduce in support of my claim to a pension, as a Soldier in the service of the United States in the revolutionary war, is not considered sufficient to establish it beyond the term of six months, viz. for service in Capt. Leach's Company of Matrosses stationed in Cape Elizabeth in 1776-1777, and that it may be allowed for that period of service, on being limited thereto, although I am sure I did serve for a longer period under different commanders at the same station altogether, I do respectfully ask leave to limit my claim accordingly, and to request that it may be allowed as advised, that is to say, for the said term of six months. agreeable to law of June 7. 1832 Caleb Hyer Cape Elizabeth July 26. 1836

Feb 15
fee Ellen Shepherd
Ekkeklely Jan 28
James L Edwards Esq Commr Concord Washington

Washington Feby 13 1836
Sir.
The enclosed letter will inform you of the desire of the writer.
I can say with great pleasure, that Mr Daves is known here as a most worthy and gentlemanly member of the bar in Maine -
Not respectfully Your obedt servt
Thos Shepley
James L Edwards Esq Commissioner of Pensions

[Faint, illegible handwriting or bleed-through from the reverse side of the page]

Partlands June 1836
Hon. Ether Shipley
Dear Sir
I received Mr. Edwards's letter under the favour of your enclosure, and on behalf of Caleb Dyer I would beg leave to submit some remarks through the same medium respectfully in reply.
Mr. Dyer, in the first place states to me that he never knew or heard of any militia being ordered to that station on fatigue duty - and that he was there every day and never missed a day, for a term exceeding six months. - If it is considered that he did belong to corps of that description however, it will be found, as I understand, that several persons belonging to the same have been recognized by the department as entitled to receive pensions, and that some, still living, are on the pension list.

Among these, I understand, are several of the deponents who have testified in regard to Dyer's service with them, and I presume their services were all of the same nature. If so, I should infer that the aggregates of the services of the Companies to which they belonged, stationed there, had been considered to amount to the requisite periods, concerning which reference is made by Mr. Edwards at the close of his letter to the State of the rolls in the Secretary's Office at Boston. And Mr. Dyer's claim would stand on the same ground as others that have been granted. I do not perceive upon what principle it would be distinguishable.
I am sensible that there is some want of unity, or strict coincidence in regard to dates &c in some of the testimony. The witnesses are aged, and their memories, as well as his, more or less impaired; and his prospect of success must rest, I suppose, upon a due satisfaction with the substantial truth of the important parts of his statement and proof.

I have been doubtful whether he was not under some mistake himself in regard to the very latter portion of time, which he alleges that he continued in service. Though he still remains positive in the final circumstance, in which he hardly conceives he can be mistaken, viz. as to the conclusion of his service.
I was not aware when the testimony was taken that it was important to be particular as to the necessity of showing his being under the daily discipline of an embodied corps & with the pay & rations of a soldier, as suggested in the letter of Mr. Edwards. I do not know whether so far the state of the evidence could be improved by the testimony of living witnesses, growing more and more difficult to obtain, in those respects. It may be that the enclosed papers found among those of Capt. Leach (of Capt. Morris's I learn nothing) by Zechariah Leach his son, whose name is written thereon, may be found to afford the requisite satisfaction.

With that view, and in connexion with what I have before observed in relation to the suggestions in Mr Edwards's letter, I would again take the liberty of communicating them to him, with your favour, through you. - I do not know that any thing material can be added on Mr Lyle's behalf, and his prayer awaits the result of the consideration to which it is submitted.
Please to make my respectful acknowledgments to Mr Edwards for his ready attention to the subject of application, and believe me to be, dear sir,
Truly & respectfully
yours
C. S. Davis
P.S. I understand from Joseph Pope (Esq) that these muster rolls were made up from time to time at convenience to enable the men to receive their pay, which they receipted to the Captain. It will be observed that the names of several pensioners are on these rolls. Mr Pope, who is well known, I suppose, at the Pension office, has furnished me with a short statement of his information on the subject, which I enclose also.

Charles S. Davis Esq. Portland Maine
Caleb Stoyen 31.388

Boston, Sec. Office, July 10. 1837.
Sir —
Diligent search has been made for the name of Caleb Dyer on the Company Rolls of Capt. Leach and Capt. Morton. These rolls and the period of service accord with your description — but Caleb Dyer's name is not borne on any one of them. —
I am very respectfully Yours &c Edward D. Dangs. Sec.

To James L. Edwards Esq. Commissioner of Pensions Washington

Strickland July 6. A. 1886
James S. Edwards Esq. Chairman of Directors
Sir
After some delay, owing partly to my own engagements of other kind, and to the distance and infrequency of Col. Dyer, I return the papers, which were remitted by you for further reference, particularly pointed out, and it is believed that that subject is already provided for, to meet the requirements.
Of proof of the  months  where  is  if  such , I do not believe that what it is amply made out. Indeed in this I presume there can rest no trust - upon the strictest rules of proof.
He appears to have served the months previous to the time fully established - viz. from May 1776 to Jan 1776 - in respect to which his declaration is supported by Mitchell

Stitchell - but by Stitchell alone - Davis (the last deponent at the enclosure has been looking) remembers Davis in Stanton's company no later than November 1776 - can't give an exact calculation as - just as to that period. The idea of the first 6 months service here from May 1776 to Nov. 1776 is impossible under your rule must be abandoned .
But of the first 6 months service be- ginning , whether in Stanton's Oct 1776 the proof seems to be abundant . - If Isaac Dy- as's testimony as to 8 months was not quite satisfactory before , to support Lowett's statement of 6 months from the fall of 1776 there is now offered Joshua Davis's weight with Sam & Jordan's - which I think can leave no doubt.
In regard to any service of Joshua after May 1777 there is no evidence in support of his declaration - which was undoubtedly made according to the best of his recollec- tions - in connection with the circumstances of the surrender of Burgoyne . But that part of his declaration necessarily goes for nothing.

If you consider Crockett's Statement of six months from the first of 1777 to be as likely to commence at the last of 1776, according to the present statements of Davis and Jordan it renders them all harmonious, and con- current as to a 6 month service.
Doubts that might have remained upon the former statements, as to length of service (of its fact there being no question) may now, I think, justly be removed.
In the absence of documentary proof about the the Company from the Secretary's Office at Boston, you may please to notice the state- ment of Jeremiah Dingley Esq., together with the imperfect paper list & book referred to - which bear sufficient marks of age - If more of this kind of paper could be im- portant it might perhaps be gathered.
My personal inducement to move in this matter on behalf of Mr Dyer has not been of much magnitude. I have known him for a number of years - and have seen no reason to question the justice of his claim
I remain, very respectfully, your obedt. servt.
Charles S. Davis

Samuel Jordan

I Samuel Jordan of Danville in the county of Cumberland aged seventy eight years on oath declare and say, that I enlisted to serve as a private soldier in the company stationed at Spring Point in Cape Elizabeth under Captain Morton. and served six months under him. I continued also to serve in the same com- pany under the command of Captain James Leach and served six months under him. I afterwards served six months in the same company under Captain Westworth. I remember that Caleb Dy- er of Cape Elizabeth served in the same company with me under Capt Leach; and served during the whole period of six months. I cannot recollect with certainty whether he served under Mr. ton or not. I do not recollect him par- ticularly under Morton. The fact that I recollect of Dyer's serving was pretty late in the fall. I have no doubt that he served the whole period of six months.
Samuel Jordan his mark
Cumberland ss Danville July 17-- 1885 the above named Samuel Jordan personally appeared and made oath of the above deposition. Subscribed that the same is just truly before me I further certify that the above named Jordan is

personly known to me to be a man of truth and unassity and fully intitled to be believed the fore going deposition was submitted at his request in my presence
Danville July 17 - 1835
taken before me Jeremiah Hingley Justice of peace

Caleb Dyer
July 5. D. C. postmark.
L. Edwards, Esq. Pension Office Department of War. Washington.

Secretary's Office,
Boston, June 29. 1886.
J. L. Edwards, Esq.
Sir,
I have yours of the 22 d inst.
— The name of Bryant Morton is borne on four muster rolls of the officers & soldiers stationed on the sea coast of Cape Elizabeth and Scarborough, in the service of the Colony of the Massachusetts Bay, under the command of Capt. Bryant Morton, with their wages due from the time of entry in the service. "Jan'y. 4. 1776 to Nov. 25. — 70 months 25 days."
The name of James Leach is borne in a book of Commissioned Officers as Captain of a Company of Matrosses, stationed at Cape Elizabeth, — Nov. 18. 1776. There is no roll of Capt. James Leach's company to be found in this office, & consequently no time of service stated. The name of Sable Dyer is not found on any roll in this office.
Very respectfully your
obedient servant
John P. Bigelow.
Sec. of Com'tee.

Jeremiah Dingley

I Jeremiah Dingley of Danville in the County of Cumberland on oath declare that I was formerly acquainted with Cap- tain James Leach at Cape Elizabeth where he lived. Since his death, within two years past, having occasion to examine among his papers I was allowed to have access to them by his son Zacharias Leach at his house in Cape Elizabeth; and in searching among them I found a certain paper bearing a list of names which I suppose and believe to be a list of the company serving under Captain Leach stationed at Spring Point in Cape Elizabeth, the first part of the year 1777. - The paper is the same herunto an- nexed marked with my name. It bears on two places on the opposite sides the name of Caleb Dyer. - I also found among the same papers a small paper book, which I suppose and believe to be principally in the handwriting of said Captain Leach, ap- pearing to be some account book of said com- pany, which bears on the eighth page the name of Caleb Dyer. I have also verified this memorandum book by marking my name therein. But the paper writing and memoran- dum book have been in my possession ever since, and have not been altered in any manner to my knowledge or belief.
Jeremiah Dingley

State of Maine Cumberland County ss: Feb: 21. 1835. Personally appeared Jeremiah Dingley and made oath to the truth of the within deposition by him subscribed before me, Joseph Pope, Jus: of the Peace
I certify that I am personally acquainted with said Jeremiah Dingley, and that he is a man of truth and veracity and a very respectable & credible witness,
Joseph Pope, Jus: of the Peace

I Richard Mitchell of Minot in the County of Cumberland and State of Maine aged Seventy three years do testify and say That I am well acquainted with Caleb Dyer of Cape Elizabeth in said County, that said Dyer in the month of May 1776. at Cape Elizabeth enlisted as a private soldier in a Company of State Militia commanded by Capt Bryant Norton, and was stationed with said Company at Spring point in said Cape Elizabeth, where he served in said Company Six months and was discharged late in Nov r or the first of December of the same year - Col o . Mitchell commanded the Regiment in which said Company served - I served at the same time & place with said Caleb Dyer and well remember him during this time.
Richard + Mitchell Mark
State of Maine Cumberland County ss. September 24. 1833
Personally appeared Richard Mitchell above named, whom I certify to be a credible & respectable witness, and person of truth and veracity, and made oath to the truth of the foregoing deposition by him subscribed before me.
Enoch Littlefield { Justice of Peace

I Ephraim Drockett of Danville in the County of Cumberland and State Maine of lawful age do depose Say that I am personally acquainted with Caleb Dyer of Cape Elizabeth and knowing to his enlistment in Massachusetts troop in Cape Elizabeth at Spring first in first of the year Nineteen hundred and seventy seven under the Command of Capt James Leach and served the the term of six months at a private, I did duty in the same Company the full term of six months at the same time I further depose and say that Ephraim Drockett that I am twenty eight years of age
Cumberland ss personal appeared the above Ephraim Drockett and made oath of the above deposition. Before me Jeremiah Dingley Justice of peace July 30 - 1833
I hear and certify that the above named Ephraim Drockett is a man of truth, integrity and credible respective witness July 30 - 1833 Jeremiah Dingley Justice peace

I James Mariner of Cape Elizabeth in the county of Cumberland, aged fifty eight years, on oath declare and say that I have heard Robert Dyer often say that Caleb Dyer was a soldier in the revolutionary war under Capt. Leach, whose company was stationed at Spring Point. Said Robt. Dyer said he was a corporal in the com- pany. He has been dead several years. I know the said Caleb Dyer spoken of. He lives in Cape Elizabeth, and claims to have served during the revolution. -
James Mariner
Cumberland ss. October 3 rd 1833 The above signed James Mariner made oath to the truth of the above decla- ration. - I know the said James Mar- iner - and that he is entitled to credit before me Nathan Sawyer justice of the peace

I Isaac Dyer of Farmington in the County of York and State of Maine, aged sixty three years, on oath declare that I know Caleb Dyer of Cape Elizabeth that I lived in Cape Elizabeth during the revolution near the fort where Capt. Leach's company was stationed at Spring Point. I helped build the fort. I know said Caleb Dyer to be serving as a soldier in Capt. Leach's company. I understood that he served about eight months - They enlisted in 1776 - and were discharged in 1777 to the best of my recollection. Isaac Dyer.
Cumberland J. October 3 rd 1833. The above signed Isaac Dyer made oath that the above declaration is true. I know the said Isaac Dyer and that he is entitled to full credit, Before me, Nathan Sawyer - Justice of the peace

I Ezekiel Dyer of Portland in the county of Cumberland, State of Maine aged seventy one years depose and say that Caleb Dyer now of Cape Elizabeth in said County, was a soldier in the Revolutionary war in service under Captain Leach. I cannot recollect the year, I recollect that he was in service in the winter during cold weather. I do not remember how long. Capt. Leach's company was stationed at the time of said service at Spring point in said Cape Elizabeth Ezekiel Dyer
State of Maine. Cumberland ss. Portland July 15 th 1833 Then the above signed Ezekiel Dyer personally appeared, and after being carefully inquired of and sworn made solemn oath to the truth of the above deposition and been subscribed before me - and I further certify that the said Ezekiel Dyer is personally known to me - that his character for truth & veracity is good, and that full credit should be given to the above deposition.
C S Davis Justice of the Peace

I Ebenezer Sawyer of Siminigan in the county of York & State of Maine seventy five years of age do hereby testify & say that I have received a pension certificate for revolutionary services dated October 17 1832 & number 1233 that I served a part of my term under Capt. James Seach, that I enlisted under Captain Seach in a company of Infantry in the Massachusetts line on the first day of November or first day of December A.D. 1776 & Caleb Dyer then of Capt. Elizabeth & who have since had his residence in said town enlisted in said Captain Seach's company on the same day & served in said company.
Ebenezer Sawyer
State of Maine York ss: June 5 th 1833 Then personally appeared Ebenezer Sawyer & after being cautioned & sworn made solemn oath to the truth of the above deposition by him subscribed before me Arthur McArthur justice of the Peace
State of Maine York ss: June 5 1833 I certify that the above named Ebenezer Sawyer is to me personally known & that his character is good for truth & veracity & that full credit ought to be given to the above deposition.
Arthur McArthur justice of the Peace
Maine District
District Clerk's Office January 1 st 1834
In testimony that Arthur McArthur, Charles S. Davis, Enoch Littlefield, Jeremiah Dingley, and Nathan Sawyer are Magistrates as above and annexed and that the signatures thereto purporting to be theirs are genuine I have hereto set my hand & seal of Office the day and year last above written.
John Mussey Clerk U.S. Courts

I Isaac Dyer of Hvington in the county of York State of Maine aged seventy three years on oath declare that I know Caleb Dyer of Cape Elizabeth that I lived in Cape Elizabeth during the revolutionary war near the fort where Capt. Leach's company was stationed at Spring Point & helped build the fort; I knew said Caleb Dyer to be serving as a soldier in Capt. Leach's company. - I understood he served about eight months - They enlisted in 1776 and were discharged in 1777 to the best of my recollection.
Isaac Dyer
State of Maine York ss: October 18 1833 Then personally appeared Isaac Dyer & after subscribing made solemn oath to the foregoing deposition.
Before me Arthur M'Arthur Justice of the Peace.
State of Maine York ss: October 18 1833 I certify that Isaac personally acquainted with Isaac Dyer above named that his character for truth & veracity is good & that full faith & credit ought to be given to his deposition as aforesaid.
Arthur M'Arthur Justice of the Peace